TD Bank Visa® Gift Card Agreement
The Card becomes active no later than the end of the next business day after its purchase. For more information, please refer to TDBank.com/giftcard. The following terms and conditions ("Agreement") govern the use of your TD Bank Visa® Gift Card ("Card"). In this Agreement, the words "you" and "your" mean: (a) the person to whom we issue the Card; (b) the person receiving the Card; and (c) the person using the Card. The words "we," "us," "our" and "Bank" mean TD Bank, N.A., a national banking association. Please read this Agreement carefully and keep it for your records. You will be deemed to have accepted the terms of this Agreement if any of the following are done by you or by another person with your consent or authorization: (a) purchase the Card; (b) sign the back of the Card; (c) use the Card; (d) authorize any other person to use the Card; (e) retain the Card; or (f) activate the Card. Please read this Agreement carefully and retain it with the Card.
Card Description: Please sign your Card immediately. Your Card is issued by TD Bank, N.A. The Card is a non-reloadable prepaid Visa debit card that may be used to make signature-based purchases (including mail order and online) that accept Visa debit cards ("Merchant"). The Card is not a credit card and does not have a line of credit attached to it. There is no separate deposit account established in your name at the Bank for the Card, and the Card is not linked to any of your checking, savings, debit card or credit card accounts. The Card does not have a personal identification number ("PIN"), is not enabled for PIN transactions and may not be used to obtain cash at ATM machines. The Card cannot be exchanged for cash or be used to withdraw cash from tellers at Bank branches or other financial institutions. To use the Card at a Merchant, present the Card at the time of payment and sign the receipt with the same signature you used when you signed the back of the Card. Retain the receipt as a record of the transaction.
Available Funds on the Card: The value of the funds available on the Card at any given time is referred to in this Agreement as the "Balance." No interest will be paid on the Card Balance and such Balances are not deposits and are not FDIC insured. You acknowledge and agree that the Balance on the Card is limited to the dollar value established when the Card was purchased. The Balance will decrease each time you use the Card to make an authorized transaction or you incur, or we assess, a fee or charge. As you use the Card, the Balance will be reduced by the full amount of each purchase including taxes, and any other fees ("Transaction Amount"). You agree that the amount of funds shown on the Bank's records will determine the Card Balance. Once the Balance is depleted, the Card is no longer valid and you agree (a) not to use the Card; and (b) after you are sure that you do not intend to return any merchandise purchased with the Card, to cut it in half and discard it. Whenever you use the Card to make an authorized transaction, you are authorizing us to reduce the Card Balance by an amount equal to the Transaction Amount. At the time of each purchase the Merchant will obtain an approval for the Transaction Amount to ensure adequate funds are available. You agree to keep track of the Balance on your Card by using our website or by calling toll free within the United States - 1-866-767-9119 ("Customer Service Number") and not to use the Card for any purchase that exceeds the Balance except as permitted by this Agreement (see the section - "Purchases Exceeding the Card Balance" in this Agreement).
Failure to Complete Transactions: We accept no liability to complete any transaction for which adequate funds have not been supplied by you according to the rules of the Card. We are not responsible if you do not have enough money in the Card account to complete a particular transaction. Neither we nor any other bank or business will be liable to you for failure to accept or honor the Card.
Tracking the Card Balance: You must keep track of the Card Balance. To obtain your Balance or to view previous transactions, visit TDBank.com/giftcard or call the Customer Service Number. Your Balance will reflect all authorization requests that have been submitted by Merchants. If you have a question about your Balance (e.g., the same transaction has been posted twice or for the incorrect amount), you agree to notify us immediately but no later than sixty (60) days from the date of the transaction, by calling the Customer Service Number. While the Card may no longer be used after the "Active Thru" date printed on the Card, the Balance on the Card does not expire. The Balance may be reduced by service fees or other fees as described in this Agreement. If a Balance remains on the Card after the "Active Thru" date, call the Customer Service Number to obtain a replacement Card. We may wait up to ten (10) business days following your request to send your replacement Card in order to allow for pending transactions to be posted.
Unclaimed Funds: We encourage you to use your Card as soon as possible and to use the entire Balance amount. A "split-tender" transaction may be used to deplete the entire Card Balance (see the section - "Purchases Exceeding the Card Balance" in this Agreement). The Balance remaining on the Card may become unclaimed funds escheatable to a state, if as shown by the Bank's records, you have not, within the applicable state's statutory period, requested refund of unused funds on your expired or canceled Card, corresponded with the Bank concerning the Card, or transacted any business on the Card. If that occurs, the funds will escheat pursuant to applicable state law.
Card Usage and Limitations: The Card becomes active no later than the end of the next business day after its purchase. You agree to use the Card only at Merchants and only for lawful purposes. Your Card can be used to make purchases at any Merchant that accepts Visa debit cards including mail order and online Merchants. The Card may be used when there is a remaining value on it, up to the amount that remains. Purchases will be deducted from your Card until the value reaches zero. If insufficient funds remain on your Card to complete a transaction, the transaction will be declined. If you want to make a purchase that exceeds the amount available on your Card, you may be able to pay the difference with another form of payment, depending on the Merchant's policy. If, for some reason, a transaction that exceeds the value on the Card is completed, you will be liable for the negative Balance. The Card is not transferable and you agree not to permit any other person to use your Card after it is signed. If you believe your Card has been lost or stolen, you agree to notify us immediately. Any problems or disputes you may have regarding a product or service purchased with the Card should be addressed directly with the Merchant. The Card does not have a PIN and is not enabled for PIN transactions. It cannot be used to obtain cash at ATM machines or at Bank branches, or at point-of-sale terminals that require the use of a PIN. Your Card also cannot be used for any cash advances, for Internet lottery, betting, or gambling transactions or for any illegal transactions.
Purchases Exceeding the Card Balance: If you wish to use your Card to purchase an item for more than your Card Balance, depending on the Merchant's policy, you may be able to use your Card toward a portion of the final purchase price, and then use another form of payment to pay the balance of the final purchase price.
Hold Merchants: Some Merchants, such as gasoline stations, hotels, restaurants and other merchants that accept gratuity, receive authorization for a greater amount than the actual purchase price to allow for additional services or gratuity. For restaurants and personal services merchants, this is generally 20% or more than the original purchase price amount and it will result in a hold on your available funds on the Card for the original purchase amount and the additional amount. This hold will remain in effect until we receive the transaction from the Merchant or seven (7) business days, whichever occurs first. During the hold period the funds will be unavailable.
Returns and Exchanges: The Bank, Visa and their affiliates, employees and agents are not responsible for the services or merchandise purchased with the Card and are not responsible for the return or exchange of merchandise purchased with the Card. By use of this Card, you agree that we are not liable for any consequential damages, direct or indirect. If you think an error has occurred involving a transaction, the error needs to be adjusted and resolved with the Merchant at whose establishment the transaction was made. Exchange or return of merchandise purchased in whole or in part with the Card will be governed by the procedures and policies of each Merchant and applicable law. Return and refund policies are dependent on the Merchant from whom the purchase was made. At the time of any exchange or return, you should present both the merchandise receipt and the Card. Availability of credits added to the Balance may vary by Merchant.
Foreign Transactions: If a Card is used to make a purchase outside the United States, the network that handles the transaction will convert the local currency amount of the transaction to U.S. dollars. If the network converts the currency, it will use either a rate selected by the network from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate the Visa network itself receives, or the government-mandated rate in effect for the applicable central processing date. For each purchase transaction in a foreign currency, we may also charge a Foreign Currency Conversion Fee and an international service assessment fee, which is 1% of the network transaction amount (which will be shown as a separate charge) to offset the Bank's costs.
Service Fees: We encourage you to use your Card as soon as possible and to use the entire Balance. A "split-tender" transaction may be used to deplete the entire Card Balance (see the section- "Purchases Exceeding the Card Balance" in this Agreement). There is a monthly service charge for the Card that begins on the first day of the month immediately following the 365th day after the date your Card was purchased. While you may leave Available Funds, as defined herein, on the Card, starting on the first day of the month immediately following the 365th day after the date your Card was purchased, and subject to applicable law, we will deduct a monthly service fee of $2.50 from your Balance. If we send you a replacement Card for a lost or stolen Card, the initial 365-day period is still tracked from the date your original Card was purchased. The monthly service fee continues until the Card has a zero Balance. If the Card Balance is zero or becomes zero as a result of this fee, the Card will be cancelled. Any fees or charges authorized by this Agreement will be charged to the Card.
Cancellation: The Bank may cancel or suspend use of the Card at any time without prior notice to you. You agree (1) that the Card is the Bank's property; and (2) that you will cut your cancelled Card in two parts immediately upon our request and return the Card to us. If funds remain on the Card at cancellation, call 1-866-767-9119 to request a refund of the remaining funds, less applicable fees. Any refund will be sent to your last known address according to the Bank's records.
Lost or Stolen Cards: You agree to safeguard your Card and treat it like cash. We strongly encourage you to register your Card online at TDBank.com/giftcard. If your Card is lost, stolen or damaged, if you suspect that it has been used without your authorization, contact us immediately at 1-866-767-9119 or in writing at TD Bank Visa Gift Card, P.O. Box 550578, Fort Lauderdale, FL 33555. To receive a new Card for the remaining Balance you will have to provide us with information, including your Card number or other identifying details that confirms that you are the legitimate owner of the Card. We cannot provide a replacement Card if you do not have your Card number available. If our records show that a Balance remains on the Card, we will cancel the Card and send you a replacement Card at no charge. The replacement Card will be in the amount of the Card Balance on your lost/stolen Card at the time you notified us that it was lost/stolen. No refunds will be provided for amounts debited from your lost/stolen Card before you notify us. If you believe that your Card was used without your permission, we will ask you to provide information, in writing, that enables us to investigate the transaction(s). In most cases, we will complete this investigation within sixty (60) days of receiving the requested information. If more time is needed, we will notify you in writing, and we will complete the investigation within an additional thirty (30) days. If we can validate your claim, we will credit your Card if we have not reissued a new Card for the amount of the unauthorized purchase(s) once the investigation is completed.
Notice About Your Right to Dispute Errors: In case of errors or questions about electronic transactions on the Card, write us at TD Bank Visa Gift Card Disputes, P.O. Box 550578, Fort Lauderdale, FL 33555 as soon as you think an error exists. We must hear from you no later than sixty (60) days after the transaction listed on the statement or receipt or after the transaction in question has been made available to you on line. You must (1) advise us in writing and indicate your name and Card account number, (2) describe in writing why you believe the transaction is in error, (3) the dollar amount of the suspected error. Generally we will tell you the results of the investigation within ten (10) business days after we hear from you and we will promptly correct any error. If we need more time we may take up to forty-five (45) days to investigate your question. If we decide there was not an error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of documents that we used in our investigation.
Confidentiality: We may disclose information to third parties about your Card or the transactions that you make if it is necessary to complete a transaction, to verify the existence and condition of your Card, to resolve an error or an inquiry as to an alleged error, to comply with a legal subpoena or other mandatory disclosure requirements, or if you give us permission.
No Waiver: Bank does not give up its rights by delaying or failing to exercise them at any time.
Amendments: Bank may amend this Agreement from time to time. Amendments will be effective after notice has been posted on our website at TDBank.com/giftcard or as otherwise required by law. Provisions changed pursuant to bank regulatory authority will be effective according to applicable regulation without further notice.
Governing Law; Venue; Severability: This Agreement and its performance shall be governed by the laws and regulations of the United States and, to the extent not governed by federal laws and regulations, by the laws and regulations of the State of Delaware notwithstanding any choice of law principles. You and the Bank each hereby irrevocably consent and submit to the exclusive jurisdiction of the Courts of the State of Delaware sitting in the County of New Castle or in the United States District Court for the District of Delaware in any and all actions and proceedings questions or controversies arising under or related to this Agreement, the Card or its use. If any term of this Agreement is found by a court to be unenforceable or illegal, all other terms and conditions will still be in effect.